Stressing

Harper1203 · 23 February 2017 at 1:16PM

Hi, I wonder if you can help. I have had a parking fine from a private site. Unfortunately, I did ignore the first couple of letters, as they arrived 2 months after the stated date, I thought it was a joke as the paperwork was so shoddy, looked like something created at home. I did receive a letter from Northants County Court and after advice from CAB I did declare that I was the owner of the car but at that specified date I was not the driver, transferring responsibility and naming the driver. I have heard nothing for two months and assumed, silly me, that it was resolved. However, today I have received another letter stating that I now owe £353.02. I had not been advised of a court date but am now looking at a CCJ. What should I do? Any help is really appreciated TIA.

Coupon-mad · 23 February 2017 at 1:20PM

You did not defend then? You didn't follow the court claim process? Did the CAB not tell you how to complete the defence?

If not, if they (the CAB) were STUPID enough to tell someone with a claim form, to write to the parking firm naming the driver, the CAB have just wrecked your credit rating and should be taken to task. Terrible advice if the CAB did not tell you what to fill in to defend the claim. Shocking.

Harper1203 · 23 February 2017 at 1:22PM

Did not defend or follow court claim process, knew nothing about it until I got the bill.

Coupon-mad · 23 February 2017 at 1:24PM

Harper1203 wrote: »

Did not defend or follow court claim process, knew nothing about it until I got the bill.

Yes you did, this was a Claim Form, yes?

I did receive a letter from Northants County Court and after advice from CAB

So you went to the CAB with that claim form and they told you instead, to write to the parking form and didn't tell you to defend the damn claim? You lost by default.

Harper1203 · 23 February 2017 at 1:27PM

They did not advise to fill in the form the girl said that the CAB online site would give us all the information needed and to supply them with the name and address of the driver, which I did.

Harper1203 · 23 February 2017 at 1:31PM

So in reality I'm stuffed and am going to have to pay the fine?

Coupon-mad · 23 February 2017 at 1:32PM

So did you look at the CAB online site about defending a court claim? Or thought it would go away?

You have lost by default, the only way to deal with this is to:

- pay within 30 days of the CCJ to remove it comlpetely

or

- set aside the judgment by paying £255 (unless you qualify for help with court fees) and completing a N244 form and explaining why you were unable to deal with the claim last month and why you have good prospects of defending the claim. But do you?

Which parking firm and what car park, what contravention?

Set aside explained here:

http://forums.moneysavingexpert.com/showthread.php?t=5607320&highlight=set+aside+with+consent

Make no mistake, this will take WORK FROM YOU with our help, to set this aside if you choose to do that and then you would still have to defend the case, you cannot name the driver it is too late. You would have to defend as keeper.

Which parking firm?

Coupon-mad · 23 February 2017 at 1:33PM

Harper1203 wrote: »

So in reality I'm stuffed and am going to have to pay the fine?

Did I say that was the only option? Your eye for detail and ability to follow instructions worries me already.

Harper1203 · 23 February 2017 at 1:38PM

The car park was Moorgate Retail Park, Bury, Lancs. The company on the court paper is Civil Enforcement Ltd, passed over from the original car park owner. I did look at the CAB site but obviously did not read it correctly, and yes I did think by stating I was not the driver that that would be the end of it. I am obviously very naïve. Everyone I have asked, apart from yourself, has told me to ignore it it's a load of rubbish. Which obviously it's not.

Harper1203 · 23 February 2017 at 1:40PM

Sorry did not see the response before posting 'stuffed'

Coupon-mad · 23 February 2017 at 1:59PM

The company on the court paper is Civil Enforcement Ltd,

Good, if you are up for setting aside the CCJ (and if you then win the defended case you claim the £255 back and in any event the CCJ is wiped if the set aside is allowed) then get yourself a N244* but I don't recommend you ask the CAB for advice!

I am glad you said it was CEL. We have another set aside case like that this week and CEL cannot hold a registered keeper liable and as you were not driving, you can defend this if you get the set aside done. DO NOT just fill in the form and bung it off alone, you will need a decent Witness Statement & defence with it, so search this forum for 'CEL set aside' to find the other cases like this. I am sure we have one right now v CEL where the wording to put in the Witness Statement and what to say on the day, was discussed only yesterday.

Your mistake was not defending. Now you need to put that mistake right. You will have to also explain WHY you didn't act on the court form properly (blame the CAB).

*easy to Google any court forms

Stressing

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